Violations of a visitation agreement or a child custody arrangement can be severe and sometimes frightening because they might involve actions that pose a threat to a child’s well-being. If you feel that your child is involved with such a violation, you have several options both under civil and criminal law. Irrespective of whether the remedy is sought under civil or criminal legislation, the party remains entitled to notice and a proper hearing.
Civil remedies generally involve some kind of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing anything. Unlike remedies, civil treatments are aimed at relieving the wrongdoings as opposed to punishing the individual. Some civil remedies for violations of a child custody order are:
- Contempt of court: The court may maintain the violating party in contempt of court when there has been a prior court order entailed. Contempt of court involves additional orders and instructions, in addition to a good for the party that is violating, such as returning the other parent the child.
- Injunctions and Restraining Orders: These are court orders which require another party to take particular courses of action or to refrain from certain acts. These may contain orders to stay a certain distance from a young child, or orders not to contact the child. The party seeking an injunction or restraining order should usually be able to prove that other treatments (for instance, money damages) are inadequate to fix the circumstance. Should you get a divorce attorney orange county?
- Monetary damages: In some cases, one parent may have the ability to obtain money damages if the violation has led to ascertainable (provable) losses into the parent or kid.
- Modification of the child custody/support/visitation arrangement: Occasionally the offending spouse might be in violation simply because the child custody or custody arrangement has no longer become functional. As an example, this may be due to a change in employment or move. Modifying the agreement may be peaceable means to avoid conflicts.
In severe circumstances, the court could elect to enforce criminal sanctions in efforts to enforce a child custody order. Unlike civil remedies, discourage violations of arrangements as well as these are meant to punish the partner. They are typically reserved for egregious instances such as those between kidnapping or repeated offenses.
- Criminal liability: When there are criminal charges involved like kidnapping or false imprisonment, then a criminal suit could be initiated against another party. A lawyer Will Have the Ability to Ascertain whether a suit will be effective and whether charges lie
- Punitive Modifications of Custody Order: The judge may choose to modify the custody or visitation arrangement, as in a civil treatment. However, under a punitive modification, the changes will be made to signify a intent to apply the decree, such as eliminating particular rights or reducing time.
- Posting of a bond: A bond is a specific amount of monetary payment that is issued on the violating party to compel them to comply with the agreement. If the individual can’t manage to cover, a lien may be levied against their house like other possessions or a home.
- Contempt of court: This resembles civil contempt of court, except in criminal contempt of court, the violating party cannot avoid jail time by paying a commission. Usually reserved for violations of custody arrangements or to enforce prior instances of contempt.
Treatments for Instances not Involving a Custody Order or Visitation Agreement
In some cases, clear violations of this law might occur even before a child custody agreement was reached. Although it is best to be prompt in acquiring a child custody agreement in case a violation occurs, the action may be taken by a parent in the absence of an arrangement:
Sue for interference: The aggrieved party can sometimes file a claim for interference if the violation has led to some form of reduction to the parent (usually dealing with child support). This is rarely allowed, but some states have statutes. The parent could sue for infliction of emotional distress if the individual has intended to cause distress. Contact an orange county child custody attorney today.
Criminal Fees: As mentioned above, criminal charges could be pressed when the individual in breach has committed some form of crime like kidnapping. In such cases, the charges could be pressed even in the absence of a custody and visitation agreement.
Exercise of”Court Discretionary Powers”: In child custody cases, courts have much discretion to make decisions that are in the best interest of the child. “Discretion” implies that the court can exercise their powers of decision to make a ruling or decision, even though such judgment might be contrary to public policy or law. By way of example, the court might opt to enforce restrictions or to require mandates aside from a divorce order that is regular.